Resolution-PC 92-39RESOLLJTION NO• P~2-'i~
A RFSOLUTION OF TH~ AI~A~-I~IM CITY PLANNINC~ COMMIS~IC}N
'THAT PETI'TION FOR CUNDITIt~NAY. USE PERMIT NO. 3509 BF GRAN'TEIS
W}-iEREAS, the Anlheim City ~'lanning Commission did receive ~ vei~ified
Petition for Conditional tJse Permit for certain real property situated in thc City of
Anaheim, County of Orange, State of Califarnia, described as:
PARCEL 6 OF PA~LCBL MAF' NO. 89-239, IN TI~E CIT'Y OF
ANAHEIM, COUNTII OF OgtANGE, STA'i'E OF CfiL~FORNIA,
AS PGR MAP RE~CORDED IN BOOK 251 PAGES 33 THRUUGI-I
36, INCLUSIVL;, OF PARCEI. MAPS, IIoT THE OFFICE OF 'fHE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Plannin~ Cor.unission did hold a public hearing at the
Civic Center in the City of Anaheim on March 23, 199?, at 1:30 ~.m., notice of said public
hearing having b°:n duly given as iequired Uy law and in accordance with the provisions uf
the Anaheim Municipal Cocte, Chapter 18.03, to hear and consider evidence for and against
suid proposed conditianll use permit and to investigate and make fi.ndings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation ai~d study
made by itself and in its b~half, and after due considerati~n of ~11 evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is prope:ly one for which a conditiona~ use
permit is authorized by Anaheim Municipal Code Section 18.63.050.3G0 to permit ~n ice
skating rink in an existing 43,000 sq.ft. industrial condominiunt unit, with waiver af the
following:
SBC,. ONS 18.~¢„~lQ,S2~,~ - Minimum number of nar~iDg.~~ces.
~,$ 06.050.0256 (3~.Z required; ~. existing)
.~.Q 5l.~9~
,~ 8.06 Q~
and 18,b1.066.05Q
2. That the parking varilnce will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect any adjoi~ung land uses becausa
the required improvements for the Anaheim Boulevard-Cerrit~s Avenue intersection wilt
serve to improve local traffic circulation;
CR1458MS.wp -1- PC92-39
3. Tl~at the ~ranting of the parking variance uncier the canditions imposed
will nat be detrirnentral to the peace, health, safety or getteral welfare af 4he citize:~s of the
City ~f Aa~ahe~m;
4. That the pr~pused use is properly one for which a conditional use
perniit is au~horiz~c~ by the Zoning Codc;
5, 7'hat the propose~l use will not adversely affect the adjoi~ung land uses
and the growth and development of the area in which it is proposed to be located because
the location inside a building which readily 1^nds itself to this type of use will not Ue
detriment~l to surrounding industrial uses;
6, That the sir.e and shape of the site f~r the propo~ed use is adequate to
allaw the full developme~it af the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare;
~, That the tra-fic generated by the prop~sed use will not impose an
undue burden upoc~ the streets and highways designed a.nd improved t~ carry tl~e traffic in
the area because certain improvements will Ue made to the nearby Anaheim Boulevard-
Cerritos Aven~ie intersection;
g, That the granting of the conciitional use permit under the conditions
icnposed will not be detrimental to the peace, health, safety and general welfare of the
c~tizens of the City of Anaheim; ancl
9, That ane person indicated his presence at said public l~~aring in
upposition; and that no correspondence was received in opposition to the subject petition.
r,-,~~uTet nr,~AJ ITY A~"I' FINDING: That the
r~ I ,R,L~tIA ENV~$Q.[`i~1L ~
Anaheim City Planning Commission has reviewed the proposal ta permit an ice skating rink
in an existing 43,000 sq.ft. industrial condominium unit with waiv~r o€ the minimum number
of parking spaces on an irregularly-shaped purcei of land consisting of approximately 6.8
acres located at the southeast corncr of Cerritos Avenue and Lewis Street, l;aving
approximate frontages of 440 feet on the south side of Cerritos Avenue and 570 fcet on the
east side of Lewis Street, and further described as 10U0 East Cerrito~ Avcnue; and does
her~by approve a rr.itigated N~gative Declaration and adoQt the Mitigation M~~nit~ring
Progr~m pursuant to Sectian 2:C81.6 of the Public Resources Code on the basis that the
declarati~n reflects the independent judgement of the lead agency and that the Planning
Commihsion has considered the proposal with the mitigatecl Negative Declaration and
M~nitoring Program, together with any comments received during ihe public review process
and further ~nding, on the basis of the Initial St~idy, that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFOP,E, BE 1T RESOLVED tha~ the Anaheim City klarxning
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Commi~sion does hereby gr:~nt subjecl Petition for Conditional Use Permit, vpon the
foll~wing conditions which are hereby found to be a necessary prcrequisite to the pra~osed
use of ttic subject property in order to preserve the saf~ty and gener~l welfure ~f the
Citizens of the City of Anaheim:
1. T7iat prior ~o Nie issucutce oj n Guilding pemiit, tlie dc~veloper sl~all provide two and
elc~ven hu~ulrcdtli .pe~ent (2.11 %) (approximntely six tliousand onc liundre.d nineteen
d~llar.s ($f~ 119J in 1992 figures) of the total cost of thc Ann/reim 13oulevad and
Ccrritos ~1 venue intersection imprvvements jor a ~i,ght nirn vnly lcu~e jor northfiocind
A»aJieim Boulevard t~uff:., as reyuir+ed by ~he City Engineer. : i conlribudnn shall
be subjec~ lo adjusrm~nt in accordunce wi:h ~hP Engineering News Recorr! Constra~crion
Cost /ndex for die Los Angeles A~u.
2. Tl~at priar to the issuance of a buildin~~ permit, the 1~ .;, irop..ry owner shall
negotiate to obtain an irre~ocable Offer :.~cdlcate a rnr ~~ ~toff easement at the
corncr of Cenitos Avenue and i.ew~s Strcct for a sidew:ilk access rs ~p as required
by the Public Works-Engineering Uepartment .
3. That any proposeJ freestanding sign on subjcct property shall be a monument-type
not exceeding eight (8) feet in i~eight :tnd shall be subject to the review and upproval
of the Ciry Traffic and Tr:+ntiportation Manager to detennine adequate lines-of-sight.
4. That there shail be nu "Special Event" permits requested or gr~ntEd to subject faciliry
permitting thc display uf flags and bam~ers, or permitting promotional events.
5. Ttiat prior to cummencement of the activity authoriled Lnder this resolution, or prior
to issuance of a building permit, or within a period of ninery (90) days from the date
of this resolution, whichever occurs first. the legal owner(s) of subject property shall
exc~~uie and record an unsubordinatcd crncnant in a form approved by thc City
Attorncy's Officc whercin such owncr(s) agrcc not to eontcst the formation of any
ass~ssment district~s) which may hereafter be fnrmed punuar~t to tht provisions of
Pevtlopmcnt Agreemenc No. 83-01 betwcen thc Ciry of Anahcim und Anaheim
Stadium Associates, which district(s) could incluc:c scr.h IcF,al prop~rry cnvne~'s
pro~eny. A copy nf the rern~dcd covcnant shall thcti be suhmittcd to t!~e Zoning
Division.
G. 't~at Rhc ~tevelnper shall be re3pcrosible for compliance anJ any direcr. c~sts
as.sociatcd with tht Mitip,ation M~nitoring Program establishcd by thc City Rs
reyuircd t~y Scction 210R1.6 of thc Public Rss~urccs Code t~ ensure implcmcntati~n
oi thc~sc mit'sgatinn mcasurrs identified in th~ Recommended Conditions of Approval
for thc mitigated Ncgativc DPclaration.
7. 'I~at KuUjcct propcrty shall t~c dcvcl~pcd ~uint~ntially in occordancc with plaaa and
spccificaticsns submitted to thc Ciry af Anahcim by thc petitiancr and which plans are
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on file with thc Planning Department marke;d Exhibit Nos. 1 through 3.
g. 'Chat prior to issu~nce ot a building permit or within a period of one (1) year from
the date of this resolution, whiche~~~~r oG~urs first, Condition Nos. 1 and 2, above-
mentioned, shall be complied witl~. L•xtensions for farther time to complete said
conditions may be granted in accordunce with Section ~18.03.040 oE the Anaheim
Municipal Code.
g, lfiat prior to ~nal building and zoning inspcctioiu, Condition No. 7, above-
mcntioned, shali be complied with.
10. That if a parking ~hor~age develt,ps, thc oymer of this use shall work with the Traffic
Engineering Division to develop a parkin~ minagement p11n to remedy the problem.
11. That approval of this application constit~~t~s dpproval of the proposed request only
to tl~e extent that it complies with thc ~-naheim Municipal Zcining Code and any
other applicable City~ State and Federal rcgulations. Apvroval does not include any
action or findings as to compliance or apprnval of the request regarding any o:her
applicable ordinance, regulation or requirecneut.
BE IT FURTF~ER RF.SOLVED that thc Anaheim Ciry Planning Commission
does hereby ~nd and dctermine that adoption of this Resolution is expressiy predicated
upon c~pplicaat's cr~mpliance with each and all of the conditions hereinabove set forth.
Should urry such condition, or any part thereof, be declaecd invalid ot unenforesable by the
~nal judgment of any court ~f competent jurisdiction, then this Resolutian, 1nd any
approvals hercin cuntained, shali be deemed nuli and void.
THE FOREGOf NG ItESOLUI'[UN was adoptcd at thc Plan~iing C~mmission
meeting of March 23, 1992. , '~ ,
~~ -~-. /~I/ ~
C MAN, ANAt1E1M G. ' Y ( OMMISSION
A'1'1'EST:
0
5ECRFTAR , AIiL~ i'~~1NG COMMISSION
,~_ PC~S1z-39
STA1'E Ot~ CAI.II'ORN1A )
COUNTY OF' ORANGE ) ss.
C11 Y OF APIAHEiM )
1, M~rgarita Solorio, Sccretary ot the Anaheim City Planning Commission, cl~
hereby certify that the foregoing resolution was pa.ssed and adopted at a ineeting of the
Anaheim City Planning Commission held on March 23, 1g92, by the following vote of the
members thereof:
AYES: COMMiSSIONERS: BOUAS, ~3RI~T'OL, HELLYER, HENNINGER,
PBRAZA, ZEMF.L
r10ES: COMMjSSIONERS: NONE
ABSENT: COMMISSIONERS: MESSE
1N WITNESS VI~~EREOF, I have hereunto set my hand this U~~ day of
.._~^~-`'`=`.' , 1992.
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SECRBTARI', !F.N EIM Cl'I'Y PI.AIVNING COMMISSION
.y_ PC'~I2•39